By Stephen Betts, Bangor Daily News
Pictured with his attorney Walter McKee (right), Philip Cohen, of Waldoboro, at a hearing in Cumberland County Superior Court Oct. 13, 2014. At the hearing, Cohen’s deferred disposition on charges of disorderly conduct and violation of condition of release was terminated after Justice Roland Cole found there was a preponderance of the evidence Cohen committed domestic violence assault in July. (D. Lobkowicz photo, LCN file) |
There is probable cause for the suspension or disbarment of prominent Midcoast lawyer Philip Cohen, a Maine Board of Overseers of the Bar committee has ruled.
The grievance committee issued its recommendation Thursday, nearly a month after it held a public disciplinary hearing in Waterville.
The recommendation means the attorney for the board of overseers will file a complaint before a single justice of the Maine Supreme Judicial Court. That justice then
will decide whether Cohen’s license to practice law should be suspended or whether Cohen should be disbarred.
“Disappointing to say the least. Philip has already paid such a deep price for all that happened. But we will absolutely soldier on,” said Cohen’s attorney, Walter
McKee of Augusta.
A full hearing will be held before the justice.
The 45-year-old defense lawyer from Waldoboro was sentenced in October to 30 days in jail for disorderly conduct and violation of condition of release. Cohen originally was charged with domestic violence assault against a woman in November 2013 but reached an agreement to have the domestic violence assault charge dropped.
In a process known as deferred disposition, if Cohen refrained from further criminal conduct for a period of one year and met certain other conditions, he would have
only paid fines on the disorderly conduct and violation of condition of release charges.
However, Superior Court Justice Roland Cole terminated the deferred disposition in October 2014 after ruling a preponderance of the evidence showed Cohen committed
domestic violence assault against the same woman in July 2014. Cole later sentenced Cohen to serve 30 days in jail and pay $1,000 fines on the disorderly conduct and violation
of condition of release charges.
Cohen has represented defendants in several high-profile cases including six murder cases during the past six years as well as a widely publicized Matinicus shooting
case stemming from a lobstering dispute.
At the Dec. 19 hearing, attorney Alan Kelley, who represents the board of overseers, argued before the grievance committee that Cohen’s repeated violation of a court
order forbidding him to contact the victim was so egregious that his case should be referred to a Maine Supreme Judicial Court justice.
Kelley also maintained that Cohen manipulated the woman into not testifying against him, which allowed the Waldoboro man to plead to lesser charges.
McKee argued at the hearing that his client had served a “de facto suspension” when he served 23 days of the sentence in jail. McKee had asked the panel to simply
issue a reprimand.
Cohen testified at the hearing that he had been punished more harshly because his case had drawn the attention of Gov. Paul LePage, who has made eradicating domestic
violence a priority of his administration. Cohen said he expected to serve 10 days at the jail, then be released and serve the remainder of his sentence under home confinement,
which would have allowed him to work during the day. He said his request for home confinement was rejected by the Lincoln County sheriff.
“I was in solitary confinement just because I knew so many inmates,” Cohen, who has practiced in Midcoast Maine for 20 years, testified at the December hearing.
